1998 (1) TMI 89

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..... se duty of Rs. 38,14,890.00, the petitioner has preferred an appeal to the Commissioner of Central Excise (Appeals), Ghaziabad, respondent No. 3 together an application for stay and waiver under Section 35F of the Central Excise Act, 1944. The appeal as well as application filed by the petitioner is still pending adjudication. The Assistant Commissioner, Central Excise, Division IV, Noida-Ghaziaba .....

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..... upport of the contention the reliance was placed upon a decision of this court in Vidhya Ply & Board Pvt. Ltd. v. Union of India - 1992 (61) E.L.T. 231 (All.). It may be observed that the appeal together with the waiver and stay applications were filed on 21-8-1997. According to the petitioner the hearing of the appeal was fixed for 24-12-1997 when it was got adjourned by the petitioner but since .....

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..... deposit of the disputed dues in an appropriate case. The Court in the case directed the appellate authority to decide the appeal within a specified period and till such time the stay of the recovery proceeding was granted. 4. Having considered the submission of the learned Counsel for the petitioner we dispose of this writ petition finally at the admission stage itself with the direction to the .....

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